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HomeMy WebLinkAbout98-2 - Easement Vacation• ._ _. _...:. RESOLUTION NO. 18 -2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH SUMMARILY VACATING AND ABANDONING AN EASEMENT FOR DRAINAGE ACCEPTANCE AND ACCOMPANYING INDEMNIFICATION AGREEMENT RECORDEDI IN THE ORANGE COUNTY RECORDERS OFFICE ON DECEMBER 14, 1994, DOCUMENT NO. 94- 0712386, OFFICIAL RECORDS OF ORANGE COUNTY WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Street Vacation Act (Section 8330 et seq. of the Streets & Highways Code) is authorized to summarily vacate and abandon public easements: and WHEREAS, Parcel 1 of Parcel Map 91 -157 (3014 Breakers Drive), recorded on September 6, 1994, as Instrument No. 94- 0542181, Book 284, Pages 1 and 2, of Parcel Maps in the Office of the Orange County Recorder, is located adjacent to the access road to Corona • del Mar beach, with the side and back yards backing up to the pedestrian walkway. WHEREAS, there is a certain drainage easement and accompanying indemnity agreement across the property at 3014 Breakers Drive Parcel 1, Parcel Map 91 -157) recorded on December 14, 1994, Document No. 94- 0712386 Official Records of Orange County and which is legally depicted on Exhibit "A" attached hereto and incorporated herein by reference, and described in Exhibit 'B" and incorporated herein by reference as though fully set forth at length herein; and WHEREAS, the easement above - described has never been used by the City of Newport Beach or public utilities for the purpose for which it was dedicated or acquired and has remained continuously unused by the City of Newport Beach for any public purpose for a period of five consecutive years; and WHEREAS, there are no public utility facilities in place that would be affected by the vacation and abandonment of this easement; and WHEREAS, the City Council of the City of Newport Beach has reviewed and considered the various elements of the General Plan of the City of Newport Beach prior to • declaring a summary vacation of easement and has determined that the proposed vacation is consistent with the General Plan. • WHEREAS, the easement is unnecessary for present or prospective public use, and it is the desire of the City Council of the City of Newport Beach to vacate the easement, recorded on December 14, 1994, Document No. 94- 0712386 in the Official Records of Orange County legally described in Exhibit 'B ", the vacation and abandonment to be processed pursuant to the provisions of the Street Vacation Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the easement for drainage acceptance and indemnification agreement recorded on December 14, 1994, Document No. 94- 0712386 in the Official Records of Orange County is hereby vacated and abandoned; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this Resolution of Vacation, attested by the Clerk, under seal, to be recorded in the Office of the Recorder of the County of Orange. Adopted this 12th c • ATTEST: ! / % a U CITY CLERK �� �`� ✓a" =may . . ,0' • F:\USERS\PBW\DHOFFSTA\RESOLUTI.ONS\V-BREAKE.DOC 2 � U 0 � U ! | � |■ Q LO,) et � \§ J §$ W E/ cr Z I §K {/ §d|' ;! ®' | § | §: _ -§,■ § | § =i }! ■� ■ „ �agom IF !!!!la,9i e ■£ ■ ■■ lag �r■ _ § & &v 0;000;Q3a EXHIBIT ©A` EXH |B $� � !4 \ \ 2 � LXHIHIY DOG # 94-0712a66 14— DEC -1994 11:3e iii Se:orded in Official Record5 of ;)r.3nee Co.nty: California Lea A. Branch, f ul" %2i0lfiPr "33? 1 of 4 Fees: f 0. ^: lax` i G.Gv RECORDING REQUESTED BY: CITY OE NEWPORT BEACH WHEN RECORDED MAIL TO ' CITY CLERK j CITY OF NEWPORT BEACH j 3300 NEWPORT BLVD NEWPORT BEACH, CA 92659.1758 (SPACE ABOVE THIS LINE FOR RECORDERS USEI GRANT OF EASEMENT AND DRAINAGE ACCEPTANCE AND INDEMNITY AGREEMENT •WHEREAS, Old World Craftsman Inc. (hereinafter referred to as "Grantor ") is the owner of that real property (hereinafter referred to as "property ") at 3014 Breakers f Drive and described as Parcel 1 of Parcel Map NO, 91 -157 in the City of Newport �4 Beach, County of Orange, State of California recorded September G, 1994 as instrument x`94- 0542181, Book 284 Page 1„ and whose address is 3014 Breakers Drive, Corona De! Mar, CA; and u WHEREAS, the City of Newport Beach, California (hereinafter referred to as "Grantee ") is the City of location of the real property described hereln and incorporated by this reference; and WHEREAS, Grantee has approved Site Plan Review No. 65 which included certain public r.'orks Improvements; and Whereas, Grantor desires that Grantee receive the use and benefits of this Agreement under the terms and conditions as set forth below; GRANTOR THEREFORE AGREES THAT: 1. Grantor's property shalt accept surface drainage water from the sdjacent pubii, sidewalk on its northerly pfhperty line and control such accepted_ drainage on Grantor's property, Grantee is rastricted from directing more water to Grantor's proper exists at the time-of final inspection of building plans PC 352 -94 a 352v -34 as built and installed by Grantor and inspected by Grante their.. :: `l. Grantor hereby agrees to be responslbie for the full cost of any maintenance and repair of the surface or underground drainage system on Grantor's v� prope�Ly. 3. Granter accepts any and all liability for any damage to Grantor's property caused by the; flow of such drainage water onto Grantor's property. The undersigned owner shall indemnify and hold harmless the City of Newport peach, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable atrarneys' fee arising from or connected to surface drainage water entering Grantor's property from Grantee's property. 3. This Agreement shall be binding upon the heirs, legatees, estate, executors, legal reprezentatives, successors and assigns of the Grantor hereto. 4. The undersigned property owner executing this Agreement represents and warrants that said 'individual is authorized to enter into this Agreement on behalf of the owner and that an appropriate corporate resolution has been passed and obtainsd, and that this Agreement Shan be binding on same. • 5. IN WITNESS WHEREOF, the Grantor has caused this Agreement to be entered into as of October 6, 1994. GRANTOR: Old World Craftsman Inc. 8Y: ffnm Campbell it. C0,4, ' Y OF sk" 0:E:GQ ) Qn �,� �N � /J'i � . uetote ms. Ine U.�OtKgnea. a Notary tJtbc in erg for W4 county aryl state, reftooa,y a *.)PQWa6 r7 P&nnC`a$j tMwil td fne or proves to me on ir:e bss+s of n4tuf6-•tory e410once to be lno peteon(s) wn"s name(a) Ware woscrs *d to me hMtun rsvorwr. and bCXn YneoBbd to me Uml he/StYrltuY�arcaned e atme in n+slherldiair authomed pnacaytios). anti that a ./):orrdreir s,gruNre(e) on the InCrUnICnt L%'Q ppispnts). or me entry upon oofmfr of wn:cn Inn t>eraonts) act6a. a:enn00 l7fe VWJVmem. W-MM m/ Panel and efP,citl scat 7 Notary Pubic lNowry well ['iris :s to certify that the interest in real property eotiver•cd by • the decd or grant dated October K. 199-1, from Old u'orW Crafts: -gran inc to the City G; " ;e-x)nri rir7ch, a runtir -al corporltino. is 1u_•rCby acccptcd by t!te City Ni3nzgcr on the 14th day of November 14, 1991. and the gramcc consents to its being recorded by the duly author:zcd l cCfic�r. KiF% Y j. N KYtiY, City StanXgc' Authorized b', COG,rCil 3tc,04ution NU. 9'_•2i' �J • _ u STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 98 -2, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of January, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of January, 1998. (Seal) City Clerk of the City of Newport Beach, California • E E PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RE � DDDED MAIL TO'j��,,� C3 `q- .15 Recorded in the County of orange, California Gary L. Granville, Clerk /Recorder �,,,,������������������������������������������� No Fee 005 22034729 2129980026533 2:38pm 01/16/98 R28 7 6.00 18.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: O n I I l' I flIZ1, i) . "C;�' THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b 059 -TI I I F PAGE (R7195)